A computer print out is signed by four officials. But certificate was not obtained from the purported owner of the computer. Is it valid document for the prosecution to proceed against the four officials?
N.K.Assumi (Advocate) 31 October 2021
The Prosecution cannot produce the documents without a certificate iidentifying the electronic records etc, in compliance with mandatory provisions of section 65b of the Evidence Act.
Advocate Bhartesh goyal (advocate) 31 October 2021
Electronic record/documents are not admissible in evidence until and unless compliance of sec 65 B of Evidence Act is made.
G.L.N. Prasad (Retired employee.) 31 October 2021
It appears that the certificate is a hard copy and the four officials have signed in original on such hard copy. Then it is a bonafide and valid document.
N.K.Assumi (Advocate) 31 October 2021
G.L.N.Prasad Sir, production of originl copy during trial and requirements of certificate of electronicr ecords are two distinct and different matters, which are mandated under the laws. Having said so, if the electronic records are to be admitted as evidence, the production of original copy will render the provisions of section 65b otiose.
M V Gupta (Advocate) 31 October 2021
Section 65B of the Evidence Act is not applicable to the production of original documents. It applies to copies of the original document taken from the computer. The query relates to admissibility in evidence of a document signed by the three officers and issued by them. This being the original document, the same can be produced without the certificate mentioned in the query.
P. Venu (Advocate) 31 October 2021
What is the relevance of the computer printout? Every computer printout, in my understanding, does not constitute an electronic record.
Dr J C Vashista (Advocate) 01 November 2021
The printout is stated to have been signed by four persons, what is the objection / query for a certificate u/s 65B of IEA ?
Confusing facts can not lead to form proper opinion and oblige.
N.K.Assumi (Advocate) 01 November 2021
The four officials deliberted the issues and came to a conclusions after applying their judicious mind signed the documnts, and by mechanical process feeded and stored as data in the computer, it was printed which is now before the court. Now the fact in issue is whether the said primary documents produced in the court require certificate under section 65b. Section 65b opens with a non obstenate clause that is :Notwithstanding............." My answer is that,the said primary documents being electronic records require certificate as mandate under section 65b in lew of producing the said computer with all its peripherals along with the responsible officer in chrge with the computer etc.
M V Gupta (Advocate) 02 November 2021
@N K Assmiji. From where do you get all the facts that you have recorded in your reply? The questioner has not mentioned all these details. All he has said is - "A computer printout is signed by four officials" It, therefore, means that a letter or order printed on the computer is signed by the concerned officers. Nowadays all letters etc are typed on the computer instead of a typewriter, and the print of the same is taken and signed and issued. Hence they are original records and do not require certification as prescribed by Section 65B of the Evidence Act.
N.K.Assumi (Advocate) 03 November 2021
Guptaji, the documents in question was signed by four officials,which demonstrates that there was application of mind among the four officials, and this documents gave rise to disputed fact in issue as a relevant fact,leading to the present question of requirement of a certificate. I do understanf that all computer print out can not attract section 65b and it can be said that it was simply typed as a traditional type writer and issuedi in the form of a simple letter etc. No documents signed by four officials be deemed as simple letter of communication in a given situations. As regard your other contentions of original copy of electronic records I have clearly stated the same,and it is up to you to apply your mind.
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